Lindsay -v- Finnerty & Ors [2011] IEHC 403 (25 October 2011)

Lindsay -v- Finnerty & Ors [2011] IEHC 403 (25 October 2011)

Both defendants are concurrent wrongdoers under Section 11 of the Civil Liability Act 1961, as their acts caused the same damage to the plaintiff, regardless of whether the incidents were successive or simultaneous. Liability is joint and several, with apportionment of 80% to Mr Finnerty and 20% to Mr Kelly.

Citation
[2011] IEHC 403
Parties
Plaintiff: Kerrill Lindsay; Defendant: David Finnerty; Defendant: Thomas Kelly; Defendant: Motor Insurers Bureau of Ireland
Jurisdiction
Ireland
Judgment Date
25 October 2011
Procedural Posture
Personal Injury / Assessment of Damages and Apportionment of Liability
Outcome
Judgment for plaintiff against first and second defendants on a joint and several basis.
Legal Topics
Concurrent Wrongdoers, Apportionment of Liability, Road Traffic Accident, Personal Injury, Damages
Tort Civil Liability Concurrent Wrongdoers Apportionment of Liability Road Traffic Accident Personal Injury Damages

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Parties

Kerrill Lindsay

Plaintiff

David Finnerty

Defendant

Thomas Kelly

Defendant

Motor Insurers Bureau of Ireland

Defendant

Procedural Posture

Personal Injury / Assessment of Damages and Apportionment of Liability

Legal Issues

  1. 1 Are the defendants concurrent wrongdoers under Section 11 of the Civil Liability Act 1961?
  2. 2 What is the apportionment of liability between the defendants?
  3. 3 What is the appropriate quantum of damages for the plaintiff's injuries?

Ratio Decidendi

Both defendants are concurrent wrongdoers under Section 11 of the Civil Liability Act 1961, as their acts caused the same damage to the plaintiff, regardless of whether the incidents were successive or simultaneous. Liability is joint and several, with apportionment of 80% to Mr Finnerty and 20% to Mr Kelly.

Court Disposition

Judgment for plaintiff against first and second defendants on a joint and several basis.

Orders

  • General damages of €75,000 for knee and abdominal injuries.
  • Further €7,000 for future suffering.